USPTO Patents Application 09665919

REMARKS

Applicant respectfully requests reconsideration and allowance of the
subject application. Claims 31-37 have been canceled without prejudice. New
claims 61-65 have been added. Claims 1-30 and 38-65 are now pending.

35 U.S.C. § 102

Claims 1-47 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
U.S. Patent No. 5,826,243 to Musmanno et al. (hereinafter "the '243 patent").
Claims 31-37 have been canceled, without prejudice. Applicant respectfully
submits that claims 1-30 and 38-47 are not anticipated by the '243 patent.

The '243 patent discloses:

Data processing for an improved securities brokerage/cash
management system which supervises, implements and coordinates a
composite account having a master account and one or more subaccount(s).
The nested subaccounts incorporate a subset of features corresponding to
the specific needs dictated by the purpose of the subaccount and thus
streamline system operation for the recordkeeper.
See the '243 patent Abstract.

The disclosure of the '243 patent focuses on a master account and one or more
subaccount(s) at a single entity , such as a brokerage firm. The '243 patent
reference fails to disclose or suggest handling financial transactions regarding
accounts at two different financial institutions .

Applicant submits that the '243 patent fails to disclose or suggest
"...initiating a withdrawal of assets from a first account at a first financial
institution; and initiating a deposit of the withdrawn assets to a second account at a

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second financial institution...." as recited in claim 1 of the present application.
Instead, the '243 patent discloses multiple accounts at the same institution.

The previous Office Action (paper number 8) cites the Abstract of the '243
patent and column 6, lines 44-65 of the c 243 patent as teaching the elements of
claim 1. Applicant has reviewed the cited portions of the '243 patent, but fail to
see any disclosure or suggestion of "...initiating a withdrawal of assets from a first
account at a first financial institution; and initiating a deposit of the withdrawn
assets to a second account at a second financial institution...." As mentioned
above, the '243 patent discloses the use of multiple accounts at a single entity.

Thus, for at least these reasons, Applicant respectfully submits that claim 1
is allowable over the '243 patent. Further, for at least these reasons, Applicant
submits that claims 2-30 and 38-47 are allowable over the '243 patent.

In the Office Action dated July 15, 2003 (hereinafter "the current Office
Action"), in paragraph 9 on page 7, the Office Action responds to Applicant's
previous arguments by referring to portions of a different patent reference (U.S.
Patent No. 5,940,809 to Musmanno et al. (hereinafter "the '809 patent")) having
the same first named inventor as the '243 patent. Although not specifically stated
in the current Office Action, Applicant has assumed that the Office Action is now
rejecting claims 1-30 and 38-47 based on the '809 patent. As such, Applicant
respectfully submits that claims 1-30 and 38-47 are not anticipated by the '809
patent.

Additionally, claims 48-60 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by the '809 patent.

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Application Serial No. 09/665,919

The 4 809 patent discloses:

A central asset management system is provided having a central
reference facility for coordination of all transaction processing. For each
customer, a unique identifier (UID) is assigned as a stable, semi-permanent
tag. The UID is then used for subsequent processing relating to that
customer, even with multiple customer accounts, rather than individual
transaction numbers for each process. Use of the UID is facilitated through
a front end processor that handles all incoming external transaction data and
converts it into a usable format, cross-referenced with the appropriate UID.
Use of the UID reduces the overall variability and number of transaction
identifiers, thus increasing efficiency and simplifying all aspects of the
system. The system makes other simplifying uses of the UID, for example,
as a key for segregating the transaction processes into different processing
areas to be performed simultaneously. Once processed, transactions are
converted back into the necessary formats usable by various external
systems by a back end processor. See the '809 patent Abstract.

The disclosure of the '809 patent focuses on simplifying the processing of data
associated with a user that has multiple accounts in a central asset management
system.

Claim 1 of the present application recites:

A computer-implemented method comprising:

initiating a withdrawal of assets from a first account at a first
financial institution; and

initiating a deposit of the withdrawn assets to a second account at a
second financial institution, wherein the first account and the second
account have a common account holder.

In responding to Applicant's previous arguments, the current Office Action cites
column 3, lines 52-61 and Fig. 1 of the '809 patent (see paragraph 9 on page 7 of

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the current Office Action). The language at column 3, lines 52-61 of the '809
patent states:

The mainframe (100) is also connected to the network (120) within
the FI for transferring data with other FI departments. Further connections
exist to other financial institutions (116), such as banks and debit/credit
card networks (which is the subject of the example discussed below). These
other institutions may transfer data to or from the present system and often
avoid intervention by FI personnel to carry out transactions and
authorizations. Direct access to the mainframe may also be achieved
through ATM machines (118) and networks.

Although the cited language mentions transfers of data to or from other
systems, the 4 809 patent does not disclose the elements of claim 1. In particular,
the '809 patent fails to disclose withdrawing assets from an account at one
financial institution and depositing those assets into another account at a different
financial institution, where both accounts have a common account holder. The
debit card example discussed in the '809 patent (and illustrated in Figs. 5-8) does
not disclose the elements of claim 1. This debit card example does not disclose
withdrawing assets from a first account and depositing the withdrawn assets to a
second where the first and second accounts have a common account holder, as
recited in claim 1. The debit card transaction involves, for example, a customer
account associated with the debit card and an account associated with another
entity or individual, such as a merchant.

Thus, for at least these reasons, Applicant respectfully submits that claim 1
is allowable over the '809 patent. Given that claims 2-11 and 54 depend from
claim 1, Applicant respectfully submits that claims 2-11 and 54 are likewise
allowable over the '809 patent for at least the reasons discussed above.

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Application Serial No. 09/665,919

Claim 12, as amended, recites:

A computer-implemented method of transferring funds comprising:
implementing a first transaction comprising:

withdrawing funds from a first account at a first financial institution;

and

depositing the withdrawn funds into a second account, wherein the
first account and the second account have different account holders;
implementing a second transaction comprising:

withdrawing the deposited funds from the second account; and
depositing the withdrawn funds into a third account at a second
financial institution, wherein the second account and the third account have
different account holders, and wherein the first account and the third
account have a common account holder.

Although the c 809 patent mentions transfers of data to or from other systems, the
'809 patent does not disclose the elements recited in claim 12. For example, the
'809 patent fails to disclose transferring funds by implementing a first transaction
and implementing a second transaction as recited in claim 12. Further, the transfer
of funds in claim 12 includes transferring funds from a first account to a third
account using a second intermediate account. These elements are not disclosed by
the '809 patent.

Thus, for at least these reasons, Applicant respectfully submits that claim
12 is allowable over the '809 patent. Given that claims 13-21 depend from claim
12, Applicant respectfully submits that claims 13-21 are likewise allowable over
the '809 patent for at least the reasons discussed above.

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Application Serial No. 09/665,919

#

Claim 22, as amended, recites:
A method comprising:

registering a plurality of financial accounts with a financial
management system, wherein the registering of a plurality of accounts
allows the transfer of funds between any pair of registered accounts; and

initiating a transfer of funds from a first registered account
associated with a first financial institution to a second registered account
associated with a second financial institution, wherein a third party entity
initiates the transfer of funds.

Although the '809 patent discusses financial accounts, the '809 patent does not
disclose the elements recited in claim 22. In particular, the '809 patent fails to
disclose "registering a plurality of financial accounts with a financial management
system . . . and initiating a transfer of funds from a first registered account ... to a
second registered account. . . ." as recited in claim 22.

Thus, for at least these reasons, Applicant respectfully submits that claim
22 is allowable over the '809 patent. Given that claims 23-30 and 55 depend from
claim 22, Applicant respectfully submits that claims 23-30 and 55 are likewise
allowable over the '809 patent for at least the reasons discussed above.

Independent claims 38 and 42 contain limitations similar to those discussed
above with respect to claim 1 . Thus, for at least the reasons discussed above with
respect to claim 1, Applicant submits that claims 38 and 42 are allowable over the
'809 patent. Given that claims 39-41 and 43-47 depend from claim 38 and 42,
respectively, Applicant submits that claims 39-41 and 43-47 are likewise
allowable over the '809 patent for at least the reasons discussed above.

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#

Claim 48 recites:

A method comprising:

initiating a transfer of funds from a first account at a first financial
institution to a second account at a second financial institution, wherein the
transfer of funds is performed using an Automated Clearing House
network; and

wherein the first account and the second account have a common
account holder.

The '809 patent does not disclose the elements recited in claim 48. In particular,
the '809 patent fails to disclose "initiating a transfer of funds from a first account
at a first financial institution to a second account at a second financial institution
... using an Automated Clearing House network...." as recited in claim 48. The
'809 patent does not address this type of transfer between two accounts at different
financial institutions that have a common account holder.

Thus, for at least these reasons, Applicant respectfully submits that claim
48 is allowable over the '809 patent. Given that claims 49-50 depend from claim
48, Applicant respectfully submits that claims 49-50 are likewise allowable over
the c 809 patent for at least the reasons discussed above.

Claim 51, as amended, recites:

A method comprising:

initiating a withdrawal of funds from a first account at a first
financial institution, wherein an instruction for the withdrawal of funds is
initiated by an entity other than the first financial institution; and

initiating a deposit of the withdrawn funds to a second account at a
second financial institution, wherein an instruction for the deposit of the
withdrawn funds is initiated by an entity other than the second financial
institution.

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Application Serial No. 09/665,919

The '809 patent does not disclose the elements recited in claim 51. In particular,
the c 809 patent fails to disclose "initiating a withdrawal of funds from a first
account ... by an entity other than the first financial institution . . . and initiating a
deposit of the withdrawn funds to a second account ... by an entity other than the
second financial institution ." (emphasis added) as recited in claim 51. The '809
patent does not address this type of transfer initiated by entities other than the first
or second financial institution.

Thus, for at least these reasons, Applicant respectfully submits that claim
51 is allowable over the '809 patent. Given that claims 52-53 depend from claim
51, Applicant respectfully submits that claims 52-53 are likewise allowable over
the '809 patent for at least the reasons discussed above.

Claim 56, as amended, recites:

A method comprising:

opening a new account at a first financial institution;
identifying a second account at a second financial institution; and
initiating a transfer of funds from the second account to the new
account, wherein the new account and the second account have a common
account holder, and wherein a third financial institution initiates the transfer
of funds from the second account to the new account.

The '809 patent does not disclose the elements recited in claim 56. In particular,
the '809 patent fails to disclose "...initiating a transfer of funds from the second
account to the new account ... wherein a third financial institution initiates the
transfer of funds...." as recited in claim 56. The '809 patent does not address this
type of transfer initiated by a third financial institution.

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Thus, for at least these reasons, Applicant respectfully submits that claim
56 is allowable over the '809 patent. Given that claims 57-60 depend from claim
56, Applicant respectfully submits that claims 57-60 are likewise allowable over
the '809 patent for at least the reasons discussed above.

Applicant respectfully requests that the § 102 rejections be withdrawn.

New Claims

Applicant respectfully submits that new claims 61-65 are allowable over
the '243 patent and the '809 patent.

Conclusion

Claims 1-30 and 38-65 are in condition for allowance. Applicant
respectfully requests reconsideration and issuance of the subject application.
Should any matter in this case remain unresolved, the undersigned attorney
respectfully requests a telephone conference with the Examiner to resolve any
such outstanding matter.

Respectfully Submitted,

Stevei$c Sponseller
Reg. No. 39,384
(509) 324-9256

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